System and method for structuring contract performance terms

Abstract

A system and method for determining an integrated and interlocking series of contractual terms to govern and manage the design, construction, lease, and operation of a manufacturing plant, with the contractual terms being automatically selected from an experience database of information gleaned from the actual construction and operation of similar manufacturing plants. The contractual terms are assembled into agreements between respective pairs of parties to the construction, purchase, lease, and operation of the plant, the parties being an engineering company, a bank, an operating company, and a consumer of the plant's product. The resultant product delivery, purchase, lease, and operating agreements provide for mutual obligations between the parties from the design through to the operation of the manufacturing plant. Following construction of the plant, embodiments of the system serve to monitor operation of the plant, providing exception reporting and recommendations how to optimize plant operation.

What is claimed is:  
     
         1 . A method for structuring contractual terms for the supply of a manufactured product, comprising: 
 acquiring contractual terms associated with the design, construction, lease, and operation of a manufacturing plant;    determining contractual terms governing the design and construction of the manufacturing plant by an engineering company;    determining contractual terms governing the lease of the manufacturing plant by a consumer; and    determining contractual terms governing the operation of the manufacturing plant by an operating company for the production of a manufactured product,    wherein the contractual terms governing the performances of the engineering company, the consumer, and the operating company are drawn from the acquired contractual terms.    
     
     
         2 . The method according to  claim 1 , wherein the acquired contractual terms are stored in an experience database for access to facilitate the optimum operation of the manufacturing plant.  
     
     
         3 . The method according to  claim 1 , wherein the determined contractual terms governing the design and construction of the manufacturing plant are assembled and output as an agreement determining contractual performance by the engineering company.  
     
     
         4 . The method according to  claim 1 , wherein the determined contractual terms governing the lease of the manufacturing plant are assembled and output as an agreement determining contractual performance by the consumer.  
     
     
         5 . The method according to  claim 1 , wherein the determined contractual terms governing the operation of the manufacturing plant are assembled and output as an agreement determining contractual performance by the operating company.  
     
     
         6 . The method according to  claim 1 , wherein the contractual terms governing the operation of the manufacturing plant include plant operating standards and procedures.  
     
     
         7 . The method according to  claim 1 , wherein the contractual terms governing the operation of the manufacturing plant include contractual terms imposed on the consumer to purchase the output of the manufacturing plant.  
     
     
         8 . The method according to  claim 1 , wherein the lease contractual terms govern the lease of the manufacturing plant by the consumer from a bank.  
     
     
         9 . The method according to  claim 8 , including determining contractual terms governing the purchase of the manufacturing plant from the bank by the operating company upon the occurrence of a predetermined event.  
     
     
         10 . A method for optimizing the operation of a manufacturing plant, comprising: 
 acquiring manufacturing plant performance data;    determining the terms of a first agreement for contracting with an engineering company to build a manufacturing plant;    determining the terms of a second agreement for contracting with a consumer to lease the built manufacturing plant; and    determining the terms of a third agreement for contracting with an operating company to operate the built manufacturing plant,    wherein the terms of the first, second, and third agreements are determined from the acquired manufacturing plant performance data.    
     
     
         11 . The method according to  claim 10 , wherein the third agreement includes contract terms requiring the consumer to purchase the output of the manufacturing plant.  
     
     
         12 . The method according to  claim 10 , wherein the second agreement includes contractual terms governing the lease of the manufacturing plant by the consumer from a bank.  
     
     
         13 . The method according to  claim 12 , including determining the terms of a fourth agreement for contracting with the operating company to purchase the manufacturing plant from the bank, wherein the fourth agreement includes contractual terms imposing an obligation upon the operating company to purchase the manufacturing plant upon occurrence of a predetermined event.  
     
     
         14 . The method according to  claim 13 , wherein the predetermined event includes the termination of a lease between the consumer and the bank.  
     
     
         15 . The method according to  claim 13 , wherein the first agreement comprises a product delivery agreement, the second agreement comprises a lease agreement, the third agreement comprises an operating agreement, and the fourth agreement comprises a purchase agreement.  
     
     
         16 . The method according to  claim 10 , wherein the acquired manufacturing plant performance data includes equipment operating parameters, volume of raw materials consumed, volume of products produced, number of personnel working, quality requirements for raw materials, quality requirements for output products, and contract terms of purchase agreements, lease agreements, and operating agreements.  
     
     
         17 . The method according to  claim 16 , further comprising: 
 acquiring plant performance data from the operation of the built manufacturing plant;    comparing the acquired plant performance data with the acquired manufacturing plant performance data;    outputting as exceptions those instances where the operation of the manufacturing plant is below an optimum operation level as determined by the acquired manufacturing plant performance data; and    outputting as recommendations, changes to bring the plant back into compliance with the optimum operation level.    
     
     
         18 . A method for managing contracted service performances, comprising: 
 acquiring manufacturing plant performance data;    drafting a first agreement establishing contract terms between a bank and an engineering company for building a manufacturing plant according to the terms of the first agreement;    drafting a second agreement establishing contract terms between the bank and a consumer to lease the built manufacturing plant according to the terms of the second agreement; and    drafting a third agreement establishing contract terms between the consumer and an operating company to operate the built manufacturing plant according to the terms of the third agreement,    wherein the terms of the first, second, and third agreements are automatically determined from the acquired manufacturing plant performance data.    
     
     
         19 . The method according to  claim 18 , wherein the first agreement comprises a product delivery agreement imposing a requirement on the engineering company to design, build, and deliver a manufacturing plant to the bank.  
     
     
         20 . The method according to  claim 19 , wherein the first agreement further comprises a product delivery agreement imposing a requirement on the bank to deliver funding to the engineering company for the performance of contracted services by the engineering company.  
     
     
         21 . The method according to  claim 20 , wherein the terms of the first agreement terminate upon delivery of the completed manufacturing plant to the bank and the delivery of payment in full to the engineering company, as long as the mutual deliveries are satisfactory to the bank and the engineering company.  
     
     
         22 . The method according to  claim 18 , wherein the first agreement comprises a purchase agreement imposing a requirement on the bank to purchase the manufacturing plant built by the engineering company and imposing a requirement on the engineering company to sell the manufacturing plant.  
     
     
         23 . The method according to  claim 18 , wherein the second agreement comprises a lease agreement imposing a requirement on the consumer to make regular payments to the bank for the duration of the second agreement.  
     
     
         24 . The method according to  claim 18 , wherein the third agreement comprises an operating agreement imposing a requirement on the operating company to operate the manufacturing plant according to parameters drawn from the acquired manufacturing plant performance data for the duration of the third agreement.  
     
     
         25 . The method according to  claim 24 , wherein the acquired manufacturing plant performance data includes equipment operating parameters, volume of raw materials consumed, volume of products produced, number of personnel working, quality requirements for raw materials, quality requirements for output products, and contract terms of purchase agreements, lease agreements, and operating agreements.  
     
     
         26 . The method according to  claim 24 , wherein the third agreement includes contractual terms governing the operation of the manufacturing plant according to specific operating standards and procedures.  
     
     
         27 . The method according to  claim 26 , further comprising: 
 acquiring plant performance data from the operation of the manufacturing plant;    comparing the acquired plant performance data with the acquired manufacturing plant performance data;    outputting as exceptions those instances where the operation of the manufacturing plant is below the specific operating standards; and    outputting as recommendations, changes to bring the plant back into compliance with the specific operating standards.    
     
     
         28 . The method according to  claim 26 , wherein the third agreement includes warranty terms regarding the reliable operation of the manufacturing plant by the operating company.  
     
     
         29 . The method according to  claim 18 , wherein the third agreement includes contract terms imposing a requirement on the consumer to make regular payments to the operating company for the duration of the third agreement and further imposes a requirement on the consumer to purchase the product manufactured by the plant.  
     
     
         30 . The method according to  claim 29 , wherein the duration of the second agreement and the duration of the third agreement are the same.  
     
     
         31 . The method according to  claim 18 , including drafting a fourth agreement establishing contractual terms between the bank and the operating company to purchase the manufacturing plant by the operating company according to the terms of the fourth agreement, wherein the fourth agreement includes contractual terms imposing an obligation upon the operating company to purchase the manufacturing plant from the bank upon occurrence of a predetermined event.  
     
     
         32 . The method according to  claim 31 , wherein the predetermined event includes the termination of a lease between the bank and the consumer.  
     
     
         33 . A system for structuring contractual terms for the supply of a manufactured product, comprising: 
 a storage device acquiring contractual terms associated with the design, construction, lease, and operation of a manufacturing plant;    a first processor determining contractual terms governing the design and construction of the manufacturing plant by an engineering company;    a second processor determining contractual terms governing the lease of the manufacturing plant by a consumer; and    a third processor determining contractual terms governing the operation of the manufacturing plant by an operating company for the production of a manufactured product,    wherein the contractual terms governing the performances of the engineering company, the consumer, and the operating company are drawn from the acquired contractual terms on the storage device.    
     
     
         34 . A system for managing the operation of a manufacturing plant, comprising: 
 a storage device acquiring manufacturing plant performance data;    a first processor selecting the terms of a first agreement governing the building of a manufacturing plant by an engineering company;    a second processor selecting the terms of a second agreement governing the leasing of the built manufacturing plant by a consumer; and    a third processor selecting the terms of a third agreement governing the operating of the built manufacturing plant by an operating company,    wherein the terms of the first, second, and third agreements are determined from the acquired manufacturing plant performance data on the storage device.    
     
     
         35 . A system for managing contracted service performances, comprising: 
 a storage device acquiring manufacturing plant performance data;    a first processor drafting a first agreement establishing contract terms between a bank and an engineering company for building a manufacturing plant according to the terms of the first agreement;    a second processor drafting a second agreement establishing contract terms between the bank and a consumer for leasing the built manufacturing plant according to the terms of the second agreement; and    a third processor drafting a third agreement establishing contract terms between the consumer and an operating company for operating the built manufacturing plant according to the terms of the third agreement,    wherein the terms of the first, second, and third agreements are automatically determined from the acquired manufacturing plant performance data on the storage device.    
     
     
         36 . A computer readable medium encoded with software for determining contract performance terms by acquiring manufacturing plant performance data; determining the terms of a first agreement for contracting with a engineering company to build a manufacturing plant; determining the terms of a second agreement for contracting with a consumer to lease the built manufacturing plant; and determining the terms of a third agreement for contracting with an operating company to operate the built manufacturing plant, wherein the terms of the first, second, and third agreements are determined from the acquired manufacturing plant performance data.  
     
     
         37 . A method for structuring contractual terms for the supply of a manufactured product, comprising: 
 acquiring contractual terms associated with the design, construction, lease, and operation of a manufacturing plant;    determining contractual terms governing the construction of the manufacturing plant by an engineering company;    determining contractual terms governing the purchase of the constructed manufacturing plant by a bank;    determining contractual terms governing the lease of the manufacturing plant by a consumer; and    determining contractual terms governing the operation of the manufacturing plant by an operating company for the production of a manufactured product,    wherein the contractual terms governing the performances of the engineering company, the bank, the consumer, and the operating company are drawn from the acquired contractual terms.